Co-ownership (copropriété)

Co-ownership charges are allocated according to two categories defined by the Act of 10 July 1965: general charges (preservation, maintenance, administration of the common areas), proportional to the shares of each lot, and special charges (collective services and common equipment), allocated according to the objective usefulness to each lot.

The managing agent (syndic) is the agent of the co-owners' association. It administers the building, carries out the decisions voted at the general meeting, manages the accounts and the budget, ensures the maintenance of the common areas, takes out insurance and represents the association in court. It is appointed by the general meeting at the majority of Article 25.

At a co-ownership general meeting, the majority depends on the nature of the decision. Article 24 requires the majority of the votes of the co-owners present or represented. Article 25 requires the majority of the votes of all co-owners. Article 26 imposes a double majority in number and in votes. Article 26 concerns the most important decisions.

The works fund, introduced by the ALUR Act, is a mandatory financial reserve in most co-ownerships. It is fed by an annual contribution voted at the general meeting, the amount of which cannot be less than 5% of the provisional budget. It serves to finance future works on the common areas and equipment.

In principle, co-ownership charges are owed by the person who is co-owner on the due date of the call for funds. The seller thus remains liable for the calls prior to the sale, the buyer for those after it. The deed of sale frequently provides for a pro rata temporis allocation between the parties.

Article L.721-2 of the French Construction and Housing Code (CCH) requires, as of the preliminary contract or the deed of sale of a co-ownership lot, that the buyer be handed a set of documents: the co-ownership by-laws and the descriptive statement of division, the general meeting minutes for the last three years, the co-ownership summary sheet, the maintenance logbook and financial information.

The maintenance logbook is a mandatory document, drawn up and kept up to date by the managing agent, which traces the technical life of the building. It records the identity of the co-ownership, the current insurance and maintenance contracts and the history of the major works carried out. It must be communicated to every co-owner and to the buyer of a lot.

Article 26 of the Act of 10 July 1965 does not require unanimity: its first paragraph requires the double majority, that is a majority of the members of the co-ownership holding at least two thirds of the votes. Four decisions appear there: acquisitions and disposals, the co-ownership rules as they concern the common parts, abolishing the caretaker's post, and banning short-term tourist letting of homes that are not a main residence.